해수면 상승에 따른 ‘수몰된 섬 영토상 인공섬’의 법적 지위

Sea level rise due to climate change is expected to have effect on overall ocean laws by moving the baseline landward and, as a consequence, by changing the maritime delimitation. In particular, it can lead to change of legal status of small islands developing states which could be submerged by sea level rise, because the existing legal status of small islands states could be lost by being submerged. In turn, it is proposed to construct artificial islands for submersing islands, as a means of conserving legal status over vanishing areas of small islands states. However, the lack of established norms concerned acts as a setback for their adoption as an effective means against the problems that sea level rise poses on small islands states. It seems, rather, that UN Convention on the Law of the Sea disturbs constructive suggestions on conserving the legal status of the small islands states, as article 60 paragraph 8 of the Convention states clearly that artificial islands do not possess the status of islands. Therefore, this study address legal options that should be undertaken in order to conserve the original legal status of its own, before small island states is sank under water. In this regard, the study have interests in the view that, in terms of equity and fairness, the legal status of small islands sates are protected, especially given the particular vulnerability to climate change. This article would look into those legal viewpoints, being compatible with article 60 paragraph 8 of the Convention, throughout the study.